Individual Rights Versus Public OrderEssay Preview: Individual Rights Versus Public OrderReport this essayIndividual Rights Versus Public OrderIndividual rights are a multipurpose legal term that refers to what an individual is allowed to do and what can legally be done to them. It is the concept of individual rights that is the central theme in the due process model of criminal justice (Knowledge rush, 2009). Individual rights allow a person the liberty to live as he or she desires. The very essence of how this country was established also affords this country the freedom of choice.
The founding fathers decided that some individual rights needed to be guaranteed to its citizens. The experience of a King ruling with absolute authority over citizens was unacceptable. The written form of these guarantees was later known as the Bill of Rights and these rights are what guide the writing of our modern laws. Thomas Jefferson wrote in a letter to James Madison: “The bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference (America.gov, 2009).” Jefferson and the rest of the authors of are earliest laws were debating the need to establish individual rights against the idea of a central government (America.gov, 2009).
The Founding Fathers were determined to ensure that each state, with their own federal government, would be free from the tyranny of all tyrannies. These laws were drafted to safeguard the “rights” of the sovereign individual, so that he would enjoy the benefits of his personal rights, without the interference of an elite political, educational, cultural or social elite. But by 1836, two additional states refused to recognize Jefferson’s Declaration of Rights, because it explicitly forbade the States from giving or providing their individual citizens anything that, on its face, represented a personal or national right. This allowed many states to pass laws restricting access to public schools, government buildings, etc. to their own students and not for use as a means of education, though that also allowed other states to force their citizens to live in “private” or “public” housing and not be forced to work as citizens. This set of laws is the basic foundation of US government today, and it’s a great example of the American experiment.
With the Civil War approaching, some states, having lost the North, decided to use Jeffersonian, federalist principles for their own purposes. Those states that were involved in the Civil War were in the “no country, no territory” or “no country at variance” camp, which eventually settled within the territory of the Union. These states were known as “the Confederacy of National Interest” while the Jeffersonian concept was largely under the protection of the states without being influenced by them. States, especially in the southern part of the country, began experimenting with Jeffersonian principles for their own purposes as early as 1824. Jefferson was forced to use federalism to accomplish what he had always wanted the people to achieve: to control the country and its citizens through the laws of war, federalists (or “the common people”); to create a world government under Federalist authority, that would be based upon the principles of the free individual citizen; and, above all, to give to all the American men, women and children the ability to secure and pay for their happiness. Over three hundred years later, federalists had successfully completed the basic design of “the state government.” This is the concept that a government was established by a single, federal, authority whose citizens all had equal rights, to act in harmony with their particular interests by law.
States did not have to use such government for themselves. In the United States as was common in many parts of the world, states could also use their own laws as a means for establishing the rights of the citizen collectively. States also used their citizens to build homes, education, social services, and other needs on a vast scale, not as a means of enforcing their personal and national government, but to improve their well-being. From the late eighteenth century until 1820, the idea of “the state government” in US politics came to be understood as a concept of government of federalism — the government that protects the individual and personal interests of the individual over the federal government. It was this
The Founding Fathers were determined to ensure that each state, with their own federal government, would be free from the tyranny of all tyrannies. These laws were drafted to safeguard the “rights” of the sovereign individual, so that he would enjoy the benefits of his personal rights, without the interference of an elite political, educational, cultural or social elite. But by 1836, two additional states refused to recognize Jefferson’s Declaration of Rights, because it explicitly forbade the States from giving or providing their individual citizens anything that, on its face, represented a personal or national right. This allowed many states to pass laws restricting access to public schools, government buildings, etc. to their own students and not for use as a means of education, though that also allowed other states to force their citizens to live in “private” or “public” housing and not be forced to work as citizens. This set of laws is the basic foundation of US government today, and it’s a great example of the American experiment.
With the Civil War approaching, some states, having lost the North, decided to use Jeffersonian, federalist principles for their own purposes. Those states that were involved in the Civil War were in the “no country, no territory” or “no country at variance” camp, which eventually settled within the territory of the Union. These states were known as “the Confederacy of National Interest” while the Jeffersonian concept was largely under the protection of the states without being influenced by them. States, especially in the southern part of the country, began experimenting with Jeffersonian principles for their own purposes as early as 1824. Jefferson was forced to use federalism to accomplish what he had always wanted the people to achieve: to control the country and its citizens through the laws of war, federalists (or “the common people”); to create a world government under Federalist authority, that would be based upon the principles of the free individual citizen; and, above all, to give to all the American men, women and children the ability to secure and pay for their happiness. Over three hundred years later, federalists had successfully completed the basic design of “the state government.” This is the concept that a government was established by a single, federal, authority whose citizens all had equal rights, to act in harmony with their particular interests by law.
States did not have to use such government for themselves. In the United States as was common in many parts of the world, states could also use their own laws as a means for establishing the rights of the citizen collectively. States also used their citizens to build homes, education, social services, and other needs on a vast scale, not as a means of enforcing their personal and national government, but to improve their well-being. From the late eighteenth century until 1820, the idea of “the state government” in US politics came to be understood as a concept of government of federalism — the government that protects the individual and personal interests of the individual over the federal government. It was this
In the United States, the Constitution outlines individual rights within the Bill of Rights. The advantages of individual rights are many. Individual rights structure society to have social control by the government. Also, since the government stands by the Constitution this creates a safe society for its citizens. If people feel that the Constitution is safe they are less likely to violate the law, which in return protects the people. Finally, individual rights motive people to undertake these duties and their associated risk for example, resisting arrest and fighting back (Knowledgerush, 2009).
America.gov. (2009). Introduction: Rights of the People. Retrieved August 23, 2009 fromKnowledgerush. (2009). Individual Rights. Retrieved August 23, 2009 from